Section 110. Termination of authority to operate under this chapter and FESOP

A. Authority to operate under this chapter and the FESOP may be terminated as provided below upon written notice for any of the following reasons:

1. If the department determines that continuation of the permit is an imminent and substantial endangerment to the pubic health or welfare or the environment.

2. If International Paper knowingly falsifies emissions data.

3. If any of the emissions caps are exceeded.

4. For any other reasons not specified here for which the department has legal authority to terminate the authority to operate under this chapter and the FESOP.

B. Notifications of termination will be provided as follows:

1. If the department finds cause to terminate the authority to operate under this chapter or the FESOP, the department will submit notification to International Paper in writing.

2. Within 30 days of receiving this notification International Paper may take corrective action to remedy the cause of the termination. If this remedy is deemed acceptable by the department, the action to terminate the authority to operate under this chapter and the FESOP shall be withdrawn. Otherwise the authority to operate under this chapter and the FESOP shall be terminated. Nothing in this section shall be construed to require the department to terminate this permit or to prevent the department from entering into a negotiated agreement such as a compliance schedule or administrative order to resolve the issue leading to the notice of termination.

3. If the authority to operate under this chapter and the FESOP is terminated for any reason, International Paper shall submit an appropriate application for applicable new source review program permits and a new application for a federal operating permit. During the interim period, International Paper shall comply with the requirements of this chapter, the FESOP and the current federal operating permit until the new permit is issued.

Historical Notes

Derived from Volume 21, Issue 24, eff. September 7, 2005.

Statutory Authority

§ 10.1-1307 of the Code of Virginia.